WILLS - Testamentary capacity - Knowledge and approval - Of contents of will

Law360 Canada (March 13, 2023, 9:13 AM EDT) -- Action by James to execute a transfer of property. Slywka and Belanger were in an interdependent relationship. Slywka sold the home she had purchased and bought a condominium. They had previously lived together in her former matrimonial home. In a Will, she left her estate, including the Property, to her children. Belanger was not left anything in that Will. Dr. Beeharry, Slywka’s family physician, advised them that she believed Slywka was suffering from either Multi-Infar Dementia or Vascular Dementia. Belanger instructed a solicitor to prepare a transfer of title on the Property. Belanger and Slywka attended the solicitor’s office and executed the transfer, creating a joint tenancy in the property between Slywka and Belanger. Slywka’s family did not become aware of the transfer until they were advised by Belanger. At issue in this matter was whether Slywka lacked capacity to execute a transfer of property and thereby created a joint tenancy with her long-time partner, Belanger, or in the alternative, whether Slywka’s intentions were such that Belanger was holding the property in trust for Slywka and her estate. James, Slywka’s daughter, brought this action in her capacity as her attorney....
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